I would like to draw your
attention regarding Trade Circular No. 30T of 2006 No. VAT/AMD-1006/1B/ADM-3
dated 10-10-2006, issued by Commissioner of Sales Tax, Maharashtra State,
Mumbai wherein it was mentioned at para 28 regarding amendment to rule 79 as
under:
"In sub-rule (4), it has been
provided that the set-off would be available to the dealer under new Package
Scheme of Incentives for Tourism Project – 1999 w.e.f. 1-4-2005. It is also
necessary to make a retrospective amendment to Rule 54 in this context
accordingly a proposal is being submitted to Government".
Similarly as per Trade
Circular No. 64T of 2007 No. VAT-AMD-1007/1A/ADM/3 dated 15-10-2007, it was
mentioned in para (p) regarding amendment of section 91 as under:
"In sub-section (5) the words
"Entitlement Certificate" are substituted by "Entitlement Certificate other
than an Entitlement Certificate granted under the new Package Scheme of
Incentives for Tourism Projects, 1999" with effect from 1st April, 2005. This
amendment is clarificatory in nature. Entitlement holders under Package Scheme
of Incentives for Tourism Project, 1999 are eligible to claim set off but not
refund as per returns."
However, vide Notification
No. VAT-1507/C.R. 17/Taxation-1 dated 31-10-2007. Rule 54(e) has been amended
and by this amendment dealer's holding Entitlement Certificate under new
Package Scheme of Incentives for Tourism Project 1999 has been excluded
presumably w.e.f. 31-10-2007.
The above matter may kindly
be brought to the Notice of Sales Tax Department so that section 54(e) should
be amended w.e.f. 1-4-2005 looking to above two circulars.
Thanking you,
